ทนายความ อสังหาริมทรัพย์ ที่ดีที่สุดใน พังงา

1. About อสังหาริมทรัพย์ Law in Phang Nga, Thailand

Phang Nga follows Thailand's national framework for real estate law, governing ownership, transfer, and registration of land and buildings. The core issues include title validity, encumbrances, and the rights of occupants and owners. Foreign ownership restrictions are a central consideration for buyers in Phang Nga, particularly on land and coastal properties.

Local transactions are processed at the provincial Land Office under the Department of Lands, with title deeds registered and updated in the official system. Buyers should perform due diligence on title types such as Chanote and Nor Sor 4, as well as existing liens, mortgages, or leaseholds before signing contracts. Understanding these fundamentals helps residents of Phang Nga avoid common transfer disputes.

Condominium ownership by non Thai residents is limited to 49 percent of total building space under Thai law.

For residents and investors, the practical path is to work with a qualified real estate lawyer who understands Phang Nga’s local practices, such as coastal land considerations and boundary issues with neighboring parcels. This guide cites official sources for authority on laws and registrations.

Sources and official references provide the legal basis for these rules: Department of Lands and Krisdika (the Office of the Council of State and law gazette) govern registrations and statutory law.

Key official sources offer guidance on property rights and registrations in Phang Nga and across Thailand. See Department of Lands and Krisdika for primary legal texts and registration procedures.

Sources: Department of Lands (กรมที่ดิน) - official, Krisdika - Thai laws and royal gazette

2. Why You May Need a Lawyer

Real estate matters in Phang Nga often involve complex title histories, coastal land restrictions, and foreign ownership considerations. A lawyer helps ensure compliance, due diligence, and a clear, enforceable contract. Below are real world scenarios where you would benefit from legal counsel.

• A foreigner wants to purchase land near Phang Nga Bay; the lawyer assesses eligibility, lease possibilities, and alternative structures to avoid ownership pitfalls.
• A condo purchase in Phuket or Phang Nga involves multiple foreign units; a lawyer verifies the 49 percent foreign ownership cap and ensures proper unit registration with the Juristic Person.
• You plan a long term land lease for 30 years; a lawyer drafts the lease with renewal terms, checks for land-use restrictions, and ensures enforceable renewal options.
• You inherit property in Phang Nga; a lawyer clarifies whether the asset passes under a Thai will or intestate succession, and handles title transfer at the Land Office.
• You face a boundary dispute or encumbrance on a title deed; a lawyer conducts due diligence, coordinates with surveyors, and represents you in negotiations or court if needed.
• You intend to restructure ownership through a Thai company or trust; a lawyer explains compliance requirements, cross-border considerations, and registration steps to avoid invalid transfers.

3. Local Laws Overview

Phang Nga property matters are governed by several key Thai laws, with specific provisions on land ownership, condominiums, and property contracts. Below are 2-3 important statutes and the typical dates you should know.

• Land Code B.E. 2497 (1954) - Governs land ownership, transfer procedures, and restrictions on foreigners. The code remains the foundation for land title and registration in Thailand and has seen amendments over the decades to reflect policy changes.
• Condominium Act B.E. 2522 (1979) - Regulates condominium ownership, including the foreign ownership cap of 49 percent of total unit area. It also covers management, common area rights, and registration of units.
• Civil and Commercial Code, Book 3 - Property and Contracts - Sets out property rights, sale contracts, and mortgage provisions applicable to real estate transactions. It is essential for drafting and interpreting sale agreements, leases, and security documents.

Recent trends in real estate regulation emphasize accurate land registrations and verification of title status, influenced by modernization efforts at the Department of Lands and legal reform initiatives published in official gazettes. These changes affect how transfers are recorded in Phang Nga and neighboring provinces.

Effective practice requires checking title status with the official Land Office before signing any contract, especially for coastal or forest-adjacent land.

Sources and official references provide the authoritative texts for these laws. See Krisdika for the full statutes and the Department of Lands for registration procedures.

Key sources for these laws include:

• Krisdika - Thai laws and royal gazette
• Department of Lands - land registration and title deeds

4. Frequently Asked Questions

What is the basic process to transfer land title in Phang Nga?

The buyer and seller sign a sale contract, then apply for title transfer at the local Land Office. The transfer includes tax payments, stamp duty, and title deed updates in the official registry.

How do I verify a property's title deed before purchase in Phang Nga?

Check the title deed type (Chanote, Nor Sor 4, etc.), confirm encumbrances, verify the owner's name, and review survey results with a licensed surveyor.

What documents are required to register a condo unit in Phang Nga?

Typically you need a sale deeds, proof of payment, juristic person registration for the building, building permits, and the unit’s title certificate or equivalent evidence.

What is the 49 percent foreign ownership cap in condominiums?

Non Thai residents may own up to 49 percent of total floor space in a condominium project, with local compliance and registration requirements.

Do I need a Thai attorney to sign a sale agreement?

While not strictly mandatory, a Thai attorney helps ensure enforceability, proper disclosures, and compliance with Thai law and registration requirements.

How long does a land transfer take in Phang Nga?

Typical transfers take 4 to 8 weeks after contract signing, depending on due diligence, document completeness, and Land Office processing times.

Can foreigners lease land for 30 years and renew?

Foreigners can enter long term leases under Thai law, up to 30 years with renewal terms, but ownership stays with Thai nationals or participants through compliant structures.

Where can I check title deed status for a property in Phang Nga?

Title status and encumbrances are checked at the local Land Office and via official registry records maintained by the Department of Lands.

Why are land boundary disputes common in Phang Nga?

Coastal development, resurvey efforts, and overlapping parcel boundaries can create disputes. Title verification and professional surveys reduce risk.

What are the costs involved in a typical real estate transaction in Phang Nga?

Costs typically include transfer taxes, stamp duties, lawyer fees, notary fees, and survey or title search charges.

Should I use a power of attorney for property transfer in Phang Nga?

Power of attorney is an option for managing transactions remotely, but it requires careful drafting, clear scope, and trusted representation.

Is a contract for a condo in Phang Nga enforceable if not registered?

Contracts related to condo units are generally enforceable, but unit registration and building management rules affect rights and remedies.

Do I need to register a sale of land with the Department of Lands?

Yes, land sale transfers must be registered with the Land Office to finalize ownership changes and update official records.

5. Additional Resources

Access official sources for accurate, up to date information on อสังหาริมทรัพย์ in Phang Nga and Thailand broadly.

• Department of Lands - handles land registration, title deeds, and land records; official information in Thai and English: dol.go.th
• Krisdika - Thai laws, royal gazette, and legal texts used to interpret real estate rights and obligations: krisdika.go.th
• Phang Nga Provincial Government - provincial governance and local regulatory notices; official information hub: phangnga.go.th

Tip: When researching property, cross check the Department of Lands guidance with the relevant Thai law text on Krisdika to confirm current rules and dates.

6. Next Steps

1. Define your objective and property type in Phang Nga, including whether you will own, lease, or invest through a company structure. This helps identify the appropriate legal path. Time estimate: 1 week.
2. Collect key documents such as ID, title documents (if available), and any existing sale agreements. Organize survey plans and any notices or encumbrances. Time estimate: 3-7 days.
3. Research real estate lawyers with Phang Nga experience by requesting referrals from banks, notaries, or the local chamber of commerce. Compare at least 3 candidates. Time estimate: 1-2 weeks.
4. Interview potential lawyers to confirm experience with Land Code, Condominium Act, and foreign ownership scenarios. Ask about fee structures and engagement letters. Time estimate: 2-4 days.
5. Engage a lawyer with a formal retainer and clear scope. Obtain a written engagement letter outlining responsibilities, timelines, and costs. Time estimate: 1 week.
6. Work with your lawyer to conduct due diligence, draft or review contracts, and prepare necessary registrations for the Land Office. Plan for a 4-8 week window depending on complexity. Time estimate: 1-2 months.
7. Proceed to closing at the Land Office under your lawyer’s supervision, ensuring all taxes, duties, and official registrations are completed. Schedule accordingly with all parties. Time estimate: 1-2 months after due diligence.